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MATTER OF REPUBLIQUE FRANCAISE (CELLOSILK MFG. CO.)

309 N.Y. 269 (1955)

In the Matter of the Arbitration between Republique Francaise, Respondent, and Cellosilk Manufacturing Company et al., Appellants.

Court of Appeals of the State of New York.

Decided July 8, 1955

Attorney(s) appearing for the Case

John P. Gorman, Francis X. Nestor and Thomas P. Riordan for appellants appearing specially.

Edward W. Schall for respondent.

FROESSEL, VAN VOORHIS and BURKE, JJ., concur with CONWAY, Ch. J.; DESMOND, J., dissents in an opinion in which DYE and FULD, JJ., concur.

CONWAY, Ch. J.

In October, 1945, the respondent, Republique Francaise (hereinafter designated Republique), entered into a contract with the Cellosilk Manufacturing Company (hereinafter called Cellosilk) for the purchase of $512,100 worth of a glass substitute, to be delivered F. A. S. Port of New York, in six installments, the last of which was due in March, 1946. Among the "General Terms and Conditions" of the...

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